Gersch v. Fantasia

Plaintiff and defendant were engaged and had one child.  The trial court entered a protective order due to plaintiff’s allegation that defendant hit her during a visitation exchange.  Plaintiff had a visitation exchange of infant son with defendant at plaintiff’s parents’ house.  Plaintiff’s father carried their infant son towards his house.  Defendant allegedly punched and kicked plaintiff’s father.  When plaintiff tried to pull him away, he threw her into the railing.  The court found that the trial court’s finding was supported by competent evidence, and was not persuaded by defendant’s “assertion that the trial court improperly shifted the burden of proof onto defendant in determining that defendant committed an act of domestic violence.”  Because the trial court found that defendant did not “rebut plaintiff’s testimony that she received bruises on her left side as the result of being slung into the railing, . . . the trial court believed Ms. Gersch.” 

Topics

• Domestic and intimate partner violence

Geographical location

• North America
• United States
• North Carolina

Keywords

• united states
• 2007
• north carolina

Year

• 2007

External URL

• Gersch v. Fantasia

Court

• North Carolina Court of Appeals

Type

• Domestic Case Law

Jurisdiction

• North Carolina